BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 2656
                                                                  Page  1

          Date of Hearing:   May 12, 2010

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS
                                Felipe Fuentes, Chair

                    AB 2656 (De Leon) - As Amended:  May 6, 2010 

          Policy Committee:                              Higher  
          EducationVote:6-3

          Urgency:     No                   State Mandated Local Program:  
          No     Reimbursable:               

           SUMMARY  

          This bill places requirements on academic research by employees  
          of postsecondary educational institutions conducted under  
          contract with the state. Specifically, this bill:

          1)Requires research conducted under contract with the state-by  
            any administrator, faculty member, or staff member of a public  
            or private postsecondary educational institution-to be subject  
            to internal institutional policies regarding minimum academic  
            standards and protocols, as defined by the institution.

          2)Prohibits a state agency from entering into a research  
            contract with an institution without first verifying that the  
            institution and research employee are subject to internal  
            policies of the institution.

          3)Requires a state agency or a researcher of an institution to  
            certify that research conducted pursuant to a contract with  
            the agency complies with the academic standards and protocols  
            of the institution.

           FISCAL EFFECT  

          1)Minor one-time costs ($15,000) for the Department of General  
            Services to implement the certification policy.

          2)Minor one-time costs for University of California and  
            California State University campuses to notify employees of  
            the contracting requirement and minor ongoing costs for  
            campuses to respond to requests from state agencies for  
            verification regarding research policies and procedures.








                                                                  AB 2656
                                                                  Page  2


           COMMENTS  

           1)Background  .  Two recent studies relating to California's  
            regulatory environment and AB 32 (Nunez)/Chapter 488, the  
            Global Warming Solutions Act of 2006 have resulted in  
            controversy and confusion about the effects of state  
            regulation on small businesses. Both studies were conducted by  
            Professors Sanjay Varshney and David Tootelian, who are  
            faculty at California State University, Sacramento (CSUS),  
            although CSUS was not part of the contract. 

            The first study-"Cost of State Regulations on California Small  
            Businesses Study (September 2009)-concluded that California's  
            regulations of all types resulted in reduction in the gross  
            state product of $493 billion annually in lost output and  
            $134,000 annually per small business. This study was  
            commissioned by AB 2330 (Arambula)/Chapter 232 of 2006. The  
            second study-"Cost of AB 32 on California Small  
            Businesses-Summary Report of Findings (June 2009)"-concluded  
            that AB 32 will cost California's small businesses $183  
            billion in lost output each year. 

            In response to an inquiry by the author, the Legislative  
            Analyst's Office (LAO) dismissed as "highly unreliable" the  
            researchers' claim that California's global warming law would  
            wipe out one million jobs and $493 million in economic output  
            and labeled the second study "essentially useless."

           2)Purpose  .  This bill seeks to ensure that research conducted  
            under contract with the state is accomplished in accordance  
            with the institution's academic standards for such products.

           Analysis Prepared by  :    Chuck Nicol / APPR. / (916) 319-2081